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Republicans plan criminal justice push in 2025 session • Alabama Reflector
Republicans plan criminal justice push in 2025 session
by Ralph Chapoco, Alabama Reflector
January 27, 2025
Republican leaders plan to focus on criminal justice issues at the start of the 2025 legislative session, particularly those in the state’s cities.
Many cited bills that lawmakers hope to enact that pertain to gun safety, but also stiffer penalties for specific groups of people, from immigrants to individuals who commit violent crimes that resulted in someone’s death.
“From my standpoint, for the Speaker’s Office, you are going to see us address this crime issue pretty quick,” Alabama House Speaker Nathaniel Ledbetter, R-Rainsville, told the Montgomery Chamber of Commerce earlier this month. “The governor has been hand in hand with us on this. We will see that come out pretty quick.”
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Ledbetter and other lawmakers are still having discussions about the specific proposals to include in what they are naming as the “public safety” package for the session.
Lawmakers could also consider some criminal justice reform measures to balance what will likely be a heavy tough-on-crime approach.
The push comes as crime rates have declined across several categories in Alabama over the past several years.
According to the Alabama Criminal Justice Snapshot handout obtained from the Alabama Commission on Re-Entry, incidents of property crimes decreased by almost half between 2013 and 2023, from more than 3,000 per 100,000 residents to almost 1,700 per 100,000 residents. The rate in 2023 was 11% lower than the national average.
The number of crimes involving larceny decreased by 45%, burglary by 71% and motor vehicle theft fell by 6%.
Violent crime decreased by only 6% between 2013 and 2023, and by 2023, it was 8% higher than the national average. Homicide, according to the data, increased by 43%.
Ledbetter said he had discussions with Rep. Patrick Sellers, D-Birmingham, just as the 2024 legislative session was set to begin, and that he planned to meet with Hoss Mack, executive director of the Alabama Sheriff’s Association, and representatives from other law enforcement agencies would be meeting to discuss the specific proposals.
In a separate interview prior to the legislative update at the Montgomery Chamber of Commerce, Mack highlighted some of the issues in the discussions between the law enforcement community and lawmakers.
“Really, we are waiting on Speaker Ledbetter, Senate President Pro Tempore Sen. Garlan Gudger, (R-Cullman), to come up with what their priorities are going to be,” Mack said.
Several bills have already been filed to enhance criminal penalties.
HB 3, sponsored by Rep. Chip Brown, R-Hollinger’s Island, enhances penalties for undocumented immigrants who commit violent crimes.
“If they get charged with a Class D felony, if it was determined that the person is an illegal immigrant, it would automatically increase it to a Class C felony,” Mack said.
Another bill, HB 58, sponsored by Rep. Chris England, D-Tuscaloosa, would make it a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $6,000, if a person in possession of a firearm does not disclose that fact to a law enforcement officer during a stop. While not disclosing firearm possession to an officer is already illegal, the bill would add a criminal penalty to the violation.
At the same Montgomery Chamber of Commerce event, Senate Judiciary Committee Chair Will Barfoot, R-Pike Road highlighted HB 26, prefiled by Rep. Phillip Ensler, D-Montgomery, which would make it a state crime to use a “Glock switch,” which can rapidly increase the rate of fire of a semi-automatic firearm.
Ensler filed almost the same proposal during the 2024 session, which the House passed, but the session ended before final passage.
The bill gained renewed urgency in September during a mass shooting incident in Birmingham that killed at least four people and injured 17. Law enforcement believe weapons using Glock switches were involved.
“It is already illegal under federal law, but make that applicable to the state,” Barfoot said.
Mack said that the law is needed because currently a state officer submits the case to the U.S. Attorney and goes through a grand jury, followed by a trial.
“This would enable the local officers to make an arrest for that same crime, which means that you could have an additional bond, additional conditions on that individual,” he said. “The reason that this has come about is because of the number of shootings across the state that have been done with Glock switches.”
Mack also said that he thinks the “bill is going to move bipartisan.” Ensler said in a recent interview that he was “optimistic” the bill would pass.
“I know that nothing is a done deal until we actually vote,” he said. “I am not taking anything for granted. I am working very hard to garner as much support for it.”
Barfoot also cited the possibilities of amending Aniah’s Law, a constitutional amendment approved by state voters in 2022 that allows judges to deny bail for people charged with violent crime. It also gives judges discretion for deciding bail and gives prosecutors the opportunity to request a pretrial hearing to have bail denied.
Barfoot said legislators had “seen some issues come up with that.”
“We might need to amend it to include some crimes that were not initially there,” he said.
Criminal justice reform
Advocates for criminal justice reform will also bring their own legislative priorities to the attention of lawmakers.
Alabama Arise, a nonprofit in Alabama that focuses on social justice issues, wants to make retroactive a 2017 ban on judicial override, the practice of allowing judges to sentence people to death despite a jury recommending the person be given a life sentence.
The 2017 ban did not apply to people who had been sentenced to death in spite of a life imprisonment recommendation. More than 30 people are on death row because a judge overruled a jury verdict of life in prison, according to England.
Alabama Appleseed will support what the organization calls a “second chance” bill that will allow people to be resentenced if they are in prison because of a crime they committed that did not cause physical harm.
During previous sessions, England sponsored bills that championed these proposals, but they failed to gain any support from his Republican colleagues. In 2024, the House Judiciary Committee voted against a bill that would have made judicial override retroactive. Republicans on the House floor also refused to support the “second chance” bill in 2024.
A message seeking comment was left with England. A bill on the subject had not been filed as of Friday morning.
Advocates also hope to make progress with measures to reform the parole board. In 2017, according to the annual report published by the Alabama Bureau of Pardons and Paroles, the parole rate was 54%. In 2023, it had fallen to 7%.
While parole grants appeared to grow in 2024, the low parole rate has contributed to overcrowding in the state’s prison facilities and, according to criminal justice experts, is a contributing factor to the high level of violence and deaths that have taken place in the past couple of years.
The frustrations were visible during public hearings when loved ones of victims who have either died or been injured while in the custody of the Alabama Department of Corrections. However, during a Prison Oversight Committee meeting in October, lawmakers publicly expressed their frustration with Leigh Gwathney, the current chair of the parole board, peppering her with questions concerning the rate at which members of the board granted parole.
They also had concerns with what they believed are inconsistencies between the parole denials and the level of risk that individuals posed to the community.
“For people who have been following along with the Joint Prison Oversight Committee meetings for the last six for seven months, it is clear, that there is really intense and really understandable frustration among the members of the public and lawmakers, incredibly low parole rates that has been coming out of the Alabama Board of Pardons and Paroles,” said Katie Glenn, senior policy associate for the Southern Poverty Law Center, which is currently in litigation against the state because of the lack of medical treatment and mental treatment it is providing people in prison.
England has refiled legislation aimed at reforming the parole board and allowing applicants a subsequent opportunity to be awarded parole should they be denied by the parole board.
HB 40 would create the Criminal Justice Policy Development Council that would update the classification system of individuals who are incarcerated and create a validated risk assessment that would be used by the Alabama Department of Corrections and the Alabama Board of Pardons and Paroles. It would require the parole board to follow its guidelines to evaluate a person’s risk to public safety based on the validated risk assessment along with other measures.
If the members’ decisions deviate from the guidelines, they must provide a written explanation about how they made their decisions when denying someone parole.
The bill states that applicants denied parole by the parole board may appeal the decision to the Alabama Court of Criminal Appeals.
Lawmakers from both parties have hinted at parole reform, but the changes that Republicans have suggested would be less expansive than what England is proposing.
“The percentage to me doesn’t matter,” Barfoot said about the reduced parole rate. “What matters is that those folks who are on the parole board, they look at each individual person through the eyes that they know and the background that they have, to determine whether an individual should be paroled or not.”
Barfoot filed legislation in 2024 to give parole applicants the opportunity at a parole hearing to make the case before the parole board why they should be given parole.
After a delay overnight, the House Judiciary passed Barfoot’s bill late in the session last year, but could not get through the Senate. Barfoot plans to refile the legislation.
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Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com.
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Trump’s federal funding freeze leads to confusion, concern among Alabama agencies, nonprofits • Alabama Reflector
Trump’s federal funding freeze leads to confusion, concern among Alabama agencies, nonprofits
by Alander Rocha, Alabama Reflector
January 28, 2025
President Donald Trump’s freeze on federal assistance created confusion and concern Tuesday among state agencies and nonprofits that depend on federal money for operations.
A spokeswoman for the Alabama Medicaid Agency said Tuesday that the agency appeared to have been locked out of its federal funding portal, though it was restored later in the day. The Alabama State Department of Education said that at least some of its discretionary funding had been affected.
In a memo dated Monday, the White House’s Office of Management and Budget (OMB) announced a freeze on all federal financial assistance, including grants and loans. The move affected both state programs and nonprofits that depend on federal funding for programs.
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The United Way of Central Alabama said in a statement Tuesday that it was “carefully evaluating” what the move meant for programs it supports — “whether it’s housing for veterans experiencing homelessness, meals for homebound seniors or support for parents raising children.”
“The federal grants we receive are crucial for services we provide in the community, and without this cash flow for an undetermined amount of time, both we and our network of funded partner agencies could face significant operational risks,” the statement said. “This freeze also jeopardizes the financial security and stability of the families who depend on these much-needed community services.”
The memo also led to widespread confusion about what the freeze meant for Medicaid, a federal program serving poor and low-income Americans. In Alabama, Medicaid covered about 1 million people – nearly 20% of the population – in 2022 and paid for more than half the births in the state. The program, considered critical for health care in Alabama, gets about 73% of its funding from the federal government.
A footnote attached to the OMB memo said it should not be “construed to impact Medicare or Social Security benefits” but did not mention Medicaid.
A separate memo from OMB on Tuesday morning said “In addition to Social Security and Medicare, already explicitly excluded in the guidance, mandatory programs like Medicaid and SNAP will continue without pause.” But White House spokeswoman Karoline Leavitt said Tuesday she was not certain about whether Medicaid was affected, according to ABC News. State Medicaid programs around the country reported difficulties accessing a federal funding portal.
“It is our understanding that access to the portal has been halted temporarily, and we are currently awaiting guidance from CMS,” Melanie Cleveland, a spokesperson for the Alabama Medicaid Agency, said Tuesday morning.
Later that day, Cleveland said “the Centers for Medicare & Medicaid (CMS) Payment Management System is now accessible.”
U.S. Rep. Terri Sewell, D-Birmingham, demanded in a post on X, formerly known as Twitter, that the administration to restore access to the portal on Tuesday afternoon.
“More than 1 million Alabamians rely on Medicaid along with the providers, hospitals, & clinics that serve them. The Trump Administration needs to restore it NOW!” Sewell posted.
Eric Mackey, Alabama’ state schools superintendent, said in a statement Tuesday that they did not believe the OMB memo “affects formula-driven programs like Title I and IDEA.” Title I provides supplemental financial assistance to school districts for children from low-income families. IDEA ensures that students with disabilities receive a free education.
“We are working closely with other state and federal agencies to secure any funds necessary to continue normal daily operations without interruption. Some discretionary grant funds will be affected,” the statement said.
A separate memo from OMB lists off the programs that will be paused temporarily while it reviews which federal spending it deems appropriate, which includes higher education grants and the Pell Grant program. The U.S. Department of Education, however, said that financial aid and student loans would not be impacted, according to CNBC.
The Appalachian Regional Commission, an economic development partnership between the federal government and states, has also been affected by the order to freeze federal dollars.
“The ARC is complying with the pause order from OMB, and we have been communicating with OMB and working to provide them with the information they need to assess ARC’s programs and grant opportunities,” said Janiene Bohannon, communications director for the Appalachian Regional Commission.
She added that until the organization “is pausing” until it learns more from the Office of Management and Budget about the next steps.The organization operates in 37 counties in Alabama, which comprises the northern part of the state, but goes as far south as Macon County.According to the list provided by OMB, the Appalachia Regional Commission has five programs affected by the order.
Just about all the programs relate to economic development, which include the Appalachian Development Highway System funding program.
Organizations filed a lawsuit in federal court Tuesday ahead of the temporary pause taking effect. Senate Minority Leader Chuck Schumer said Tuesday morning that he’s spoken with New York State Attorney General Letitia James about a legal challenge.
Mackey cautioned against getting distracted amid a “flurry of activity” that makes “some of our educators uneasy.”
“In short, just keep having school. Let’s stay focused on teaching and learning. I assure you that we are staying on top of the situation and will pass along information as we get updates,” Mackey said.
Ralph Chapoco contributed to this report.
This story was updated at 4:37 p.m. to reflect that the federal funding portal for the Alabama Medicaid Agency became accessible late Tuesday afternoon.
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Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com.
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Trump issues order prohibiting openly transgender service members in the military • Alabama Reflector
Trump issues order prohibiting openly transgender service members in the military
by Ashley Murray, Alabama Reflector
January 28, 2025
WASHINGTON — President Donald Trump signed orders late Monday banning openly transgender service members from the U.S. military and suppressing any diversity initiatives, including prohibiting “un-American” concepts from military educational institutions.
An executive order published just before 11 p.m. Eastern under the title “Prioritizing Military Excellence and Readiness” expressly forbids from the armed services individuals diagnosed with gender dysphoria, widely recognized by medical professionals as the incongruence between a person’s sex at birth and experienced gender.
The new policy, which revokes a 2021 Biden administration order allowing transgender people to serve, cites “medical, surgical, and mental health constraints,” as well as character, as reasons to prohibit the specific population’s service.
According to the order: “Beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life. A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member.”
Former President Joe Biden’s 2021 policy reversed Trump’s 2018 order banning openly trans military service members. A 2019 U.S. Supreme Court decision temporarily upheld Trump’s ban.
Hegseth issuing directives
Trump on Monday night directed newly installed Secretary of Defense Pete Hegseth to “promptly issue directives for DoD to end invented and identification-based pronoun usage” and update department medical standards within 60 days.
The Pentagon referred all inquiries to the Defense Health Agency. The agency said Tuesday it needed more time to provide information on current statistics of transgender members of the military and health care costs.
According to a 2018 report from the Palm Center, 8,980 transgender active duty troops and 5,727 reservists served in the U.S. armed forces at the time. The California-based think tank that studied LGBTQ+ bans in the military operated from 1998 to 2022.
A Military.com report in 2021 found that from Jan. 1, 2016 to May 14, 2021, the Defense Department spent $11.58 million on psychotherapy for service members with gender dysphoria. During that time, 637 service members received hormone therapy that totaled $340,000, and 243 received surgery at the cost of $3.1 million, according to the report.
Overall discretionary defense spending in 2021 totaled $742 billion, according to the Congressional Budget Office.
Criticism of order
Numerous advocacy groups denounced Trump’s order.
SPARTA Pride, a group of transgender current and former service members, issued a statement Tuesday defending thousands of transgender troops who “currently fill critical roles in combat arms, aviation, nuclear engineering, law enforcement, and military intelligence, many requiring years of specialized training and expertise. Transgender troops have deployed to combat zones, served in high-stakes missions, and demonstrated their ability to strengthen unit cohesion and morale.”
The statement continues, “While some transgender troops do have surgery, the recovery time and cost is minimal, and is scheduled so as not to impact deployments or mission readiness (all of which is similar to a non-emergent minor knee surgery). The readiness and physical capabilities of transgender service members is not different from that of other service members.”
Members of the Congressional Equality Caucus described Trump’s order as “beyond shameful.”
“Our military has invested millions of dollars into training these brave Americans who signed up to serve their nation. Now, despite their sacrifices, President Trump is unlawfully and unconstitutionally calling for them to be kicked to the curb simply because he doesn’t like who they are,” caucus chair Rep. Mark Takano, a California Democrat, said in a statement Tuesday.
Abolishing DEI offices
Under an additional directive Monday night, the president ordered Hegseth and new Homeland Security Secretary Kristi Noem to “abolish every DEI office” within their departments and any “vestiges of DEI offices, such as sub-offices, programs, elements, or initiatives established to promote a race-based preferences system that subverts meritocracy, perpetuates unconstitutional discrimination, and promotes divisive concepts or gender ideology.”
DEI is shorthand for diversity, equity and inclusion. The Trump administration titled the executive order “Restoring America’s Fighting Force.”
Hegseth and Noem have 30 days to issue guidance on closing the offices and halting prohibited activities. They must report back to the White House on their progress in 180 days.
Among the initiatives that must cease, according to the order, are the teaching or promoting of any “divisive concepts” of race or sex at armed forces educational institutions, among other topics the order describes as “un-American.”
Last updated 11:17 a.m., Jan. 28, 2025
Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com.
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Most violent crime rates have fallen back to pre-pandemic levels, new report shows • Alabama Reflector
Most violent crime rates have fallen back to pre-pandemic levels, new report shows
by Amanda Hernández, Alabama Reflector
January 28, 2025
The number of homicides across the United States declined by 16% in 2024, continuing a recent downward trajectory, according to the latest crime trends report from the Council on Criminal Justice, a nonpartisan think tank.
Homicides spiked during the early years of the COVID-19 pandemic, and crime became a central focus of President Donald Trump’s 2024 reelection campaign. Trump insisted that FBI crime data showing declines was “fake” and claimed that crime was “through the roof.” The second Trump administration is expected to adopt a tough-on-crime approach.
State legislatures nationwide also are expected to prioritize a variety of criminal justice measures this year, including prison oversight, illegal immigration, retail theft and policing standards and procedures. Polls show most Americans see crime as a significant problem, though fewer than in recent years.
The Council on Criminal Justice, known as CCJ, gathers data from individual law enforcement agencies for its biannual crime trends reports, meaning the data is more recent than the FBI’s annual report. Both the think tank’s and the FBI’s reports, however, show a similar turnaround in violent crime.
In 2023, criminal homicide — which the FBI defines as murder or non-negligent manslaughter — was down by 11.6% from the previous year. It was the largest single-year decline in two decades, according to the FBI’s annual crime report published last year.
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The CCJ report shows that the downward trend appears to be continuing, with homicides in 2024 dropping by 16% compared with 2023. That drop equates to 631 fewer homicides in the 29 cities that provided data for the category, according to the council’s report.
If this decrease holds as more jurisdictions report their data to the FBI later this year, 2024 would rank among the largest single-year homicide drops since at least 1960, the start of modern record-keeping, according to the report.
A political issue
Despite the recent decline in homicides, crime remains a politically salient issue. A majority of Americans — 56% — believe that national crime has increased or consider it an “extremely” or “very” serious problem. But public concern about crime has lessened over the past year, according to Gallup’s annual crime survey.
Perceptions of crime are heavily influenced by political affiliation. The survey found that 60% of Democrats believe crime has decreased over the past year, whereas 90% of Republicans think it has increased.
Some crime experts say that media reports, political messaging and viral social media posts may exaggerate Americans’ worries about disorder, making crimes such as shoplifting and public drug use appear more prevalent than they actually are. Still, some individual cities and neighborhoods may be experiencing higher crime rates, which could further explain these concerns.
“We still have problems with crime, still have problems in the criminal justice system, and even though the crime rates are improving, we should not take our focus off crime and criminal justice,” said Ernesto Lopez, the report’s co-author and a senior research specialist with the council, in an interview with Stateline.
The council analyzed crime trends in 40 U.S. cities, although not all cities had data available for every type of offense.
Among the cities studied, 22 saw a decline in homicides last year, with Chandler, Arizona, and Little Rock, Arkansas, recording the largest decreases at 50% and 43%, respectively. Six cities experienced increases, with Colorado Springs, Colorado, leading the way with a 56% jump.
Even though the crime rates are improving, we should not take our focus off crime and criminal justice.
– Ernesto Lopez, senior research specialist with the Council on Criminal Justice
When comparing homicide rates between 2019 and 2024, the council’s study sample saw a 6% decline, largely driven by cities with traditionally high homicide rates, including Baltimore and St. Louis.
Homicides are still above pre-pandemic levels in some cities, including New York City and Washington, D.C. In New York City, for example, there were 382 homicides in 2024 compared with 319 in 2019. In Washington, D.C., there were 187 homicides in 2024 and 166 in 2019.
Other crimes
The CCJ report also examined trends in other violent and property crimes, including gun assault, carjacking, motor vehicle theft and drug offenses. Most of these offenses were lower in 2024 than in 2023, with shoplifting being the only exception, showing a 14% increase. Shoplifting also was 1% higher in 2024 compared with 2019.
Researchers were surprised that shoplifting rates increased last year despite retailers taking more measures to combat it, such as locking up merchandise behind glass. Some experts say that the rise may reflect improved reporting efforts rather than an actual spike in theft.
Last year, state legislatures placed a strong emphasis on tackling retail theft, and this momentum is likely to continue into this year, with Maryland lawmakers already considering a bill aimed at addressing large-scale organized retail theft.
From 2023 to 2024, incidents of robbery dropped by 10%, carjackings fell by 32%, and motor vehicle theft decreased by 24%.
Violent crimes such as sexual assault, domestic violence and robbery are now below pre-pandemic levels, but aggravated assaults, gun assaults and carjackings remain higher than in 2019, according to the report.
Property crime trends over the past five years varied. Residential burglaries and larcenies decreased, while nonresidential burglaries increased. Motor vehicle thefts rose by 53%, and drug offenses fell by 28%.
Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org.
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Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com.
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